Where do these monies live?

Arkansas’ 1/3 state share is distributed to the state “acting through” its Governor and Attorney General,[1] although actual practice suggests that the funds reside with the state Attorney General.[2]

What can this share be spent on?

Though the Arkansas Opioids Memorandum of Understanding (MOU) states that this share is “allocated” to Medicaid claw-back costs and attorneys’ fees,[3] this share is spent on abatement purposes as well.[4]

Who ultimately decides how to spend this share (and how)?

State Attorney General decides. The Arkansas Attorney General’s Office, which ultimately decides specific expenditures for this share,[5] has distributed its share as grants to law enforcement, organization, and agency recipients.[6]

Are supplantation uses prohibited for this share?

No, supplantation is not prohibited. Arkansas does not explicitly prohibit supplantation uses of its opioid settlement funds from the 1/3 state share. This means that the state may spend funds from its share in ways that replace (or “supplant”) — rather than supplement — existing resources.

Can I see how this share has been spent?

No (neither public nor intrastate reporting required). There are no reporting requirements applicable to this share and no official expenditure information.

Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.

What else should I know?

Not applicable.

Citations

1. Arkansas Opioids Memorandum of Understanding, Secs. 1.15 (defining “State” to mean the governor and state attorney general), 2.2 (directing 1/3 allocation to “State Share”). ↑

2. See Over 1,300 Register for Stop Overdose Summit, Attorney General Griffin Announces More Than $1 Million in Grants to Prevent and Treat Opioid Addiction. Arkansas Attorney General press release. November 8, 2023. Accessed July 8, 2024; Griffin Grants $50 Million in Settlement Funds to Establish First-of-its-Kind National Pediatric Opioid Research Center at Arkansas Children’s. Arkansas Attorney General press release. November 9, 2023. Accessed July 8, 2024. Administrative Office of the Courts Awards $1 Million to Adult Drug Courts, Delivers Naloxone Boxes for Every Courtroom in Arkansas. Arkansas Administrative Office of the Courts press release. May 15, 2024. Accessed July 8, 2024 (“The Arkansas Attorney General’s Office provided the funds to AOC as part of the state’s opioid litigation settlement allocation”). ↑

3. Arkansas Opioids Memorandum of Understanding, Sec. 2.5. The settlement agreements define allowable costs to include Exhibit E interventions, administrative costs, Medicaid claw-back, and attorneys’ fees. ↑

4. See Arkansas Opioids Memorandum of Understanding, Sec. 2.2; previously cited press releases from the Arkansas Attorney General and Arkansas Administrative Office of the Courts. ↑

5. Arkansas’ governing documents provide that both the state’s Attorney General and Governor control this share. See Arkansas Opioids Memorandum of Understanding, Secs. 1.15 (defining “State” to mean the governor and state attorney general), 2.2 (directing 1/3 allocation to “State Share”). However, recent disbursements from the state share identify only the Arkansas Attorney General’s office as granting these funds and do not clarify what role, if any, the Governor plays in the state’s opioid settlement spending scheme. See also Michael R. Wickline. Griffin transfers opioid settlement funds back to attorney general’s office. Arkansas Democrat Gazette. February 23, 2023. Accessed July 8, 2024. ↑

6. See press releases regarding state share opioid settlement spend, e.g., Over 1,300 Register for Stop Overdose Summit, Attorney General Griffin Announces More than $1 million in Grants to Prevent and Treat Opioid Addiction. Arkansas Attorney General press release. November 8, 2023. Accessed September 1, 2024 (announcing $232,880 grant to law enforcement for naloxone and $770,000 to Arkansas Mobile Opioid Recovery (ARMOR)), Griffin Grants $50 Million in Settlement Funds to Establish First-of-its-Kind National Pediatric Opioid Research Center at Arkansas Children’s. Arkansas Attorney General press release. November 9, 2023. Accessed September 1, 2024 (announcing $50 million grant to “help establish” the National Center for Opioid Research & Clinical Effectiveness (NCOR)), Administrative Office of the Courts Awards $1 Million to Adult Drug Courts, Delivers Naloxone Boxes for Every Courtroom in Arkansas. AOC press release. May 15, 2024. Accessed September 1, 2024 (announcing $1 million grant by AG to the Administrative Office of the Courts to 45 existing drug court programs). ↑

Where do these monies live?

Cities’ and counties’ combined 2/3 share is held by the Arkansas Opioid Recovery Partnership (ARORP),[1] a joint body formed in 2022 as a partnership between the Arkansas Municipal League (AML) and the Association of Arkansas Counties (AAC).[2] Funds from this share are ultimately distributed to ARORP grantees by an appointed settlement fund administrator.[3]

What can this share be spent on?

With limited exceptions,[4] funds from the 2/3 local share must be spent on “Approved Purposes” (as defined by the Arkansas Opioids Memorandum of Understanding) and consistently with applicable settlement agreements.[5] In practice, the Arkansas Opioid Recovery Partnership uses the national settlement agreement’s (non-exhaustive) Exhibit E — which includes prevention, harm reduction, treatment, recovery, and other strategies — to guide spending from this share.[6]

Who ultimately decides how to spend this share (and how)?

Advisory Board recommends, leadership of the Arkansas Opioid Recovery Partnership decides. Leadership of the Arkansas Opioid Recovery Partnership — ARORP’s director, AML’s executive director, and AAC’s executive director — ultimately decide specific expenditures for this share after consulting recommendations made by ARORP’s Advisory Board.[7]

The ARORP describes an application process that includes:

1. Applicants obtaining local approval from mayor(s) and county judge(s)

2. Application submission and an initial review by the ARORP team

3. Evaluation and approval by the ARORP Advisory Board

4. Evaluation and approval by the ARORP leadership team

There are multiple categories of funding opportunities,[8] including a “general proposal that allows flexibility for [applicants] to submit any project related to opioid prevention, treatment, and/or recovery.”[9]

Are supplantation uses prohibited for this share?

Yes, supplantation is prohibited (in practice). The Arkansas Opioid Recovery Partnership (ARORP), which oversees the 2/3 local share, has explicitly cited to proposed supplantation uses of funds in its Denial Log as reasons for denying certain funding requests.[10] Additionally, ARORP states as one of its guiding principles that it “should seek to use limited funds to supplement and expand existing public and private abatement efforts and funding, rather than supplanting or duplicating existing abatement efforts and funding,”[11] and cities’ and counties’ distribution agreements state that applications for funding from ARORP “should address the guiding principles of the Partnership.”[12]

Can I see how this share has been spent?

Yes (neither public nor intrastate reporting required). The Arkansas Opioid Recovery Partnership has published an online dashboard of funded projects that reports on projects’ titles, organizations, counties, funding amounts. It also includes links to projects’ progress and budget reports. ARORP maintains a publicly accessible log of project proposals denied funding.

Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.

What else should I know?

Not applicable.

Citations

1. Arkansas Opioids Memorandum of Understanding, Secs. 2.3.2, 2.4.2; Cities Distribution Agreement, Sec. 3; Counties Distribution Agreement, Sec. 3. ↑

2. Cities Distribution Agreement, Recitals; Counties Distribution Agreement, Recitals. See also About Us. Arkansas Opioid Recovery Partnership website. Accessed July 8, 2024. ↑

3. See About Us. Arkansas Opioid Recovery Partnership website. Accessed July 8, 2024 (“the QSF administrator (Ed Gentle) who will write checks to fund approved projects”). See also Order Establishing the Arkansas Opioids Qualified Settlement Fund, Appointing the Fund Administrator, and Appointing the Custodial Bank. June 10, 2022. Accessed July 8, 2024. ↑

4. Arkansas Opioids Memorandum of Understanding, Secs. 2.3.1, 2.4.1 (reserving up to 27% of the cities and counties share “for the payment of attorneys’ fees and associated litigation expenses”), 1.1.20 (defining “Approved Purpose(s)” to include “payment of attorneys’ fees and associated litigation expenses”). But see Arkansas Opioids Memorandum of Understanding, Secs. 2.3.6, 2.4.6 (providing that any residual amounts remaining after payments of attorneys’ fees and litigation expenses are returned to the Cities Opioid Settlement Fund and Counties Opioid Settlement Fund, respectively). ↑

5. Arkansas Opioids Memorandum of Understanding, Secs. 1.1 (defining “Approved Purpose(s)” to mean 19 general categories of interventions along with attorneys’ fees and litigation expenses), 2.2 (“All Opioid Funds, regardless of allocation, shall be utilized in a manner consistent with the Approved Purposes, any settlement agreements, and all orders approving settlements”). Note that Arkansas’ MOU’s definition of “Approved Purposes” includes a broader allowance for law enforcement expenditures than Exhibit E. See Arkansas Opioids Memorandum of Understanding, Sec. 1.1.14 (“Support law enforcement expenditures relating to the opioid epidemic”). ↑

6. FAQs for City and County Officials. Arkansas Opioid Recovery Partnership. Accessed July 8, 2024 (“The settlement funding can only be used for certain purposes. Exhibit E, found at www.arorp.org/funding-opportunities/, specifies exactly how settlement funds must be used. Thus, organizations who are seeking to create or expand a project in opioid prevention, treatment, or recovery can apply to ARORP for funding. The ARORP Advisory Board will use Exhibit E to evaluate each proposal that comes in”). ↑

7. Cities Distribution Agreement, Sec. 5; Counties Distribution Agreement, Sec. 5. Cities and Counties Distribution Agreements 5-6. ↑

8. As of August 14, 2024, available funding categories include General Funding, Overdose Response Team Funding, Naloxone Community Hero Project Funding, and Sentinel Project. See Funding Opportunities. Arkansas Opioid Recovery Partnership website. Accessed August 14, 2024 ↑

9. General FAQs. Arkansas Opioid Recovery Partnership. March 2023. Accessed August 14, 2024 (“We want you to assess your community's needs and submit a proposal to address existing gaps in services”). See also General Proposal. Arkansas Opioid Recovery Partnership. March 2023. Accessed August 14, 2024 (requiring applicants to include sign-off from mayors and county judges). ↑

10. See ARORP Denial Log. Arkansas Opioid Recovery Partnership website. Accessed July 8, 2024. ↑

11. About Us. Arkansas Opioid Recovery Partnership website. Accessed July 8, 2024; Cities Distribution Agreement, Sec. 7; Counties Distribution Agreement, Sec. 7. ↑

12. Cities Distribution Agreement, Sec. 8; Counties Distribution Agreement, Sec. 8. See also FAQs from City and County Officials. Arkansas Opioid Recovery Partnership. March 2023. Accessed September 1, 2024 ("How will funding reach cities and counties?” “The ARORP Advisory Board will use Exhibit E to evaluate each proposal that comes in. The funding is meant to be startup money; the money is not meant to replace or supplant existing funding”); General FAQs. Arkansas Opioid Recovery Partnership. Accessed July 8, 2024 (“The money is not meant to replace or supplant existing funding”) (emphasis in original). ↑

Here are the entities that ultimately decide how each of Arkansas’s opioid settlement shares are spent:

• 2/3 local share: leadership of the Arkansas Opioid Recovery Partnership (i.e., the Partnership’s director, Association of Arkansas Counties’ executive director, and Arkansas Municipal League’s executive director)

• 1/3 state share: Arkansas Attorney General

Can I provide input on spending?

• 2/3 local share: Up to each locality (not required). Neither the Arkansas Opioid Recovery Partnership nor individual governments are required to seek public input on spending their share of settlement funds. However, each may choose to seek such input. Watch for opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls.

• 1/3 state share: No opportunities available (not required). The state has not established recurring opportunities for the public to provide input on uses of its 1/3 share.[1]

Can I apply for grants?

Yes. The Arkansas Opioid Recovery Partnership’s Funding Opportunities page includes information about how to apply for open funding opportunities. You can also visit the Opioid Settlement Community Grants Portals (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.

Where do I go for updates?

• For updates on the local share, visit the Arkansas Municipal League’s and Association of Arkansas Counties’ Arkansas Opioid Recovery Partnership website.

• A single resource containing state share updates could not be found.[2]

What else should I know?

Not applicable.

Citations

1. If you see this change, email tips@opioidsettlementtracker.com. There is no legal requirement for decision-makers to seek public input on uses of this share. ↑

2. If you see this change, email tips@opioidsettlementtracker.com. ↑

Has the state established an advisory body for settlement funds?

Yes. Though the state government has not established an advisory body to inform uses of its 1/3 share, the Arkansas Opioid Recovery Partnership (ARORP) — a partnership between the Arkansas Municipal League and Arkansas Association of Counties — was created by the cities and counties distribution agreements to oversee their combined 2/3 share of opioid settlement funds.[1] The distribution agreements require the ARORP Advisory Board to “study proposals and make recommendations . . . regarding programs and strategies to abate the Arkansas opioid epidemic.”[2]

Is the state advisory body required to include member(s) with lived and/or living experience?

No. Though there are no published rules requiring the ARORP Advisory Board to include a member with lived and/or living experience, its website describes its members as “intentionally selected to represent people with lived experience and a diversity of geographic regions, economic sectors, and demographics.”[3]

What is the overall membership of the state advisory body?

The ARORP Advisory Board is required to have an equal number of members appointed by the Director of the Arkansas Municipal League and the Director of the Arkansas Association of Counties.[4] As of September 1, 2024, the Advisory Board had 12 members representing a mix of backgrounds, including law enforcement, judges, clinicians, and a youth advocate. Current members of the ARORP Advisory Board are listed here.

Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?

No (up to each locality). Local governments in Arkansas, whose combined 2/3 share of funds are overseen by the Arkansas Opioid Recovery Partnership (ARORP), are not each required to establish individual opioid settlement advisory bodies. However, localities may independently choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.

What else should I know?

Not applicable.

Citations

1. About Us. Arkansas Opioid Recovery Partnership website. Accessed September 1, 2024 (“The cities and counties distribution agreements (substantively the same), under which the cities and counties formed ARORP together and established a mission statement, guidelines for ARORP, and guidelines for applicants. The city/county distribution agreements are exhibits to the MOU”). ↑

2. Cities Distribution Agreement, Sec. 5; Counties Distribution Agreement, Sec. 5. See also Our Board. Arkansas Opioid Recovery Partnership website. Accessed September 1, 2024 ↑

3. Our Board. Arkansas Opioid Recovery Partnership website. Accessed September 1, 2024 (emphasis added). ↑

4. Cities Distribution Agreement, Sec. 5; Counties Distribution Agreement, Sec. 5. ↑

This Community Guide will describe how Arkansas is spending its opioid settlements, and whether Arkansas is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.

Additional Resources

Arkansas Department of Human Services